Winton HRC - 28 March 2010 - R 5

RACEDAY JUDICIAL COMMITTEE DECISION

Informants:  Mr P T Knowles and Mr C J Allison - Stipendiary Stewards

Defendant:  Mr W R Heads

Information No:  67438

Meeting:  Winton Harness Racing Club                       

Date:  28 March 2010 (heard at Invercargill HRC on 30 March 2010)

Venue:  Ascot Park

Race:  5

Rule No:  303 (2)

Judicial Committee:  N D Skelt, Chairman –  AG Dennis, Committee Member 

An information (67438) was lodged by Stipendiary Steward Mr P T Knowles under Rule 303 (2) alleging that Horseman W R Heads used foul and abusive language in the Stewards Room, Birdcage and public areas of Winton Raceway following Race 5, The NRG Auto Service Centre Trot, on Sunday 28 March 2010.

The hearing took place at the Ascot Park Raceway after the last race of the Invercargill Harness meeting on Tuesday 30 March 2010.

Mr Heads was present at the hearing and admitted a breach of the Rule had occurred.

Stipendiary Steward Mr P Knowles told the Committee that following Race 5 he spoke to Mr Heads about the barrier manners of LIVELY STEP, a horse that Mr Heads trained.  Mr Knowles told Mr Heads that the horse LIVELY STEP would be stood down from all standing start events for fourteen days.  Mr Knowles continued, stating that Mr Heads reacted strongly to the instruction given, using foul and abusive language, and slamming the doors of the Stipendiary Stewards room on his way out.  Mr Heads later returned to the room, continuing with some foul language which was overheard by other race day officials in the near vicinity.

Stipendiary Steward Mr C Allison also stated that on a third occasion Mr Heads used foul and abusive language in the Birdcage area, which was clearly heard by members of the public and racecourse officials.

Mr Heads stated clearly that he had simply “lost it” on this occasion.  He was very upset with the circumstances surrounding the start of the race and Mr Knowles’ action of standing his horse LIVELY STEP down.

Submissions on penalty were heard.  Mr Knowles stated there had been several other cases under the same Rule, which the Committee considered and took into account when fixing penalty.  Mr T was fined $500 on 01 February 2006; Mr A $1,000 on 16 August 2008 and Mr N $400 on 21 July 2008.  Mr Knowles acknowledged all of the cases were different in details and that he believed a penalty mid range of the three examples would be appropriate in this instance.

Mr Heads said he had made a bad error and that he regretted his actions.  He stated he had only a small team in work, with only three paying clients.  Any substantial fine would be difficult financially for him and he would have to return to shearing to pay off a fine.

DECISION AND PENALTY

In fixing penalty the Committee was satisfied a clear breach of the Rule had occurred, and that Mr Heads was remorseful over his behaviour.

Mr Heads’ early admittance of the breach was also considered and taken into account when fixing penalty.

Mr Heads was fined the sum of $600 and reminded of his professional obligations and that the integrity of the racing industry is paramount and must be upheld by all those involved in the industry.

N D Skelt                  A G Dennis

Chair                        Committee Member

67438